Stand-alone unit C Children, nationality and statelessness Summary This stand-alone unit discusses the problem of statelessness among children with a particular focus on the prevention of childhood statelessness. Students are first provided with an introduction to the concepts of nationality and statelessness. The scale and impact of the problem of statelessness worldwide is discussed and the specific consequences of statelessness for children are identified. Next, students take a closer look at how children may be vulnerable to statelessness. They are shown the potential for a conflict of laws relating to the attribution of nationality to a newborn child – jus soli and jus sanguinis – that may lead to statelessness at birth. Students also look at the situation of foundlings, children born to migrant or refugee parents, children involved in international adoption and the role of birth registration. Since the nationality of a dependent child often remains linked to the nationality of the careful focus on safeguards against statelessness that do not further impinge on the freedom of States to regulate nationality versus the failure to rule out the creation of statelessness in a number of circumstances. In parallel to the assessment of the 1961 Convention, other relevant international norms are introduced. Thus, the many re-statements of the right of every child to acquire a nationality and the right to be registered at birth, found in universal and regional human rights instruments are presented. The content and scope of these provisions are discussed and an overall evaluation can be made of how international law deals with the various ways that children may encounter statelessness. Time allowing, the role of bodies such as the Committee on the Rights of the Child and organisations such as UNICEF in developing policy and undertaking activities to prevent statelessness can also be looked at. his or her parents, students discuss the potential threat of statelessness where loss of citizenship of the parent automatically affects the citizenship of the child, as well as the potential for reduction of statelessness among children where the acquisition of citizenship (e.g. by naturalisation) of the parent leads to acquisition of citizenship by the child. The relevant provisions of the 1961 Convention on the Reduction of Statelessness are identified and their effectiveness in preventing statelessness among children is discussed. To this end, some background on history, approach and overall content of the 1961 Convention is offered. Students are asked to evaluate the strengths and weaknesses of the 1961 Convention, including by weighing up the level of detail of the safeguards against statelessness versus the lack of guidance in determining when the Convention is applicable and Learning objectives Describe the problem of statelessness, its scale and •consequences. • Explain the ways in which children may find themselves at risk of statelessness. • Discuss the overall approach and content of the 1961 Convention on the Reduction of Statelessness. Appreciate the strengths and weaknesses of •international standards for the avoidance of statelessness among children. Identify some of the actors that are involved in tackling •statelessness among children and discuss the ways in which they are contributing to a response to this issue. A Guide to Teaching on Statelessness 11

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